NextGen Bar Tested Subjects List: Breaking Down the Core Curriculum
Overview of the Two-Part Structure
The NextGen Bar Exam is constructed around two primary pillars: Foundational Concepts and Principles (FCP) and Foundational Principles and Skills (FPS). This dual-threat structure ensures that candidates possess both the "what" and the "how" of legal practice. The FCP component covers the substantive law—such as Civil Procedure and Contracts—while the FPS component focuses on the mechanical skills required to practice law, including legal research, writing, and client management. This structural evolution means that the NextGen Bar exam topics are no longer tested in a vacuum. Instead, a single question set might require a candidate to identify a hearsay exception (substantive Evidence) while simultaneously drafting a brief memo to a senior partner (skill-based writing). The scoring system reflects this integration, with points awarded for both legal accuracy and the effectiveness of the professional communication.
The Shift from the UBE Subject List
One of the most notable changes in the what subjects are on the NextGen Bar inquiry is the deliberate narrowing of the substantive scope. The National Conference of Bar Examiners (NCBE) has removed several subjects that were staples of the Uniform Bar Exam (UBE), most notably Conflict of Laws, Family Law (in a stand-alone capacity), Trusts and Estates, and Secured Transactions. This reduction allows for a deeper assessment of the remaining subjects, such as Civil procedure and Evidence (law). The goal is to move away from the "mile wide and inch deep" approach, favoring a curriculum that reflects the most frequent tasks encountered by early-career attorneys. Consequently, the NextGen Bar curriculum breakdown prioritizes federal rules over state-specific nuances, focusing on the Federal Rules of Civil Procedure (FRCP) and the Federal Rules of Evidence (FRE) as the primary benchmarks for competency.
Deep Dive into Foundational Principles & Skills
Legal Research and Writing Components
In the NextGen format, legal research and writing are not relegated to a single performance test; they are woven into the fabric of the entire exam. Candidates are expected to demonstrate proficiency in Legal Analysis and Reasoning, which involves identifying relevant legal rules from provided sources—such as statutes, judicial opinions, or administrative regulations—and applying them to a set of facts. This skill is often assessed through Integrated Question Sets where an examinee must read a short excerpt of a case and determine its impact on a client’s pending litigation. The writing component requires the production of professional work products, such as objective memos or demand letters. Scoring focuses on the ability to organize thoughts logically, use precise legal terminology, and adhere to the conventions of professional legal writing without the aid of external research tools.
Client Counseling and Relationship Management
This section of the NextGen Bar content categories evaluates a candidate’s ability to manage the human element of legal practice. It involves understanding the ethical obligations under the Model Rules of Professional Conduct, specifically regarding client confidentiality, conflicts of interest, and the scope of representation. Examinees may be presented with a scenario where they must advise a client on the risks and benefits of a particular course of action, such as whether to accept a settlement offer. The exam tests the ability to communicate complex legal concepts in a way that a layperson can understand, ensuring that the client can provide informed consent. This skill set is critical for the "Client Relationship and Management" portion of the exam, where the focus is on the lawyer's role as an advisor and advocate within the bounds of the law.
Negotiation and Dispute Resolution
Recognition of alternative dispute resolution (ADR) is a cornerstone of modern practice, and the NextGen Bar reflects this by testing negotiation strategy and the mechanics of mediation and arbitration. Candidates must understand the strategic considerations of distributive vs. integrative negotiation and identify when a case is ripe for settlement. This includes evaluating the "Best Alternative to a Negotiated Agreement" (BATNA) to advise a client on whether to proceed to trial. Questions may also touch upon the procedural rules governing court-annexed mediation or the enforceability of arbitration clauses under the Federal Arbitration Act. By testing these skills, the exam ensures that new lawyers are prepared for the reality that the vast majority of legal disputes are resolved outside of a courtroom.
Content Category 1: Civil Procedure
Jurisdiction and Venue Key Rules
Civil Procedure is arguably the most critical subject on the NextGen Bar due to its pervasive nature in litigation. Candidates must master the nuances of Subject Matter Jurisdiction, including federal question jurisdiction under 28 U.S.C. § 1331 and diversity jurisdiction under 28 U.S.C. § 1332. The latter requires a deep understanding of the complete diversity rule and the amount-in-controversy requirement, which must exceed $75,000. Furthermore, the exam focuses on Personal Jurisdiction, requiring an analysis of a defendant's "minimum contacts" with a forum state under the Due Process Clause of the Fourteenth Amendment. Venue and the doctrine of forum non conveniens are also frequently tested, specifically the rules for transferring a case between federal districts under 28 U.S.C. § 1404 to ensure the litigation occurs in a convenient and appropriate location.
Pleadings and Pretrial Procedures
The NextGen Bar emphasizes the mechanics of initiating and managing a lawsuit. This includes the requirements for a complaint under FRCP Rule 8(a), which necessitates a short and plain statement of the claim showing the pleader is entitled to relief. Candidates must distinguish between the "notice pleading" standard and the heightened pleading requirements for fraud or mistake under Rule 9(b). The discovery phase is another high-yield area, particularly the scope of discovery defined in Rule 26(b)(1), which allows for the discovery of any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case. Understanding the "work product doctrine" and "attorney-client privilege" is essential here, as these protections often dictate what information must be disclosed during the pretrial phase.
Summary Judgment and Trial Process
As the litigation progresses toward resolution, the NextGen Bar tests the standards for dispositive motions. A primary focus is FRCP Rule 56, which governs Summary Judgment. Candidates must know that a court shall grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The exam also covers trial-level motions, such as the Judgment as a Matter of Law (JMOL) under Rule 50(a) and the renewed JMOL under Rule 50(b). Understanding the timing and evidentiary basis for these motions is crucial for scoring well on both multiple-choice and short-answer questions. Finally, the principles of claim preclusion (res judicata) and issue preclusion (collateral estoppel) are tested to ensure candidates understand when a final judgment prevents further litigation of the same claims or issues.
Content Category 2: Evidence, Torts, and Business Associations
Key Rules of Evidence and Objections
Evidence is tested through the lens of the Federal Rules of Evidence, with a heavy emphasis on the admissibility of information at trial. Candidates must be experts in identifying Hearsay—an out-of-court statement offered to prove the truth of the matter asserted—and its various exceptions under FRE 803 and 804. Common exceptions tested include the present sense impression, excited utterance, and records of a regularly conducted activity (business records). Beyond hearsay, the exam focuses on the balancing test of Rule 403, which allows a court to exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice. Competency also requires knowledge of witness impeachment techniques and the foundations required for the admission of expert testimony under the Daubert standard.
Negligence and Intentional Torts Frameworks
The Torts section focuses on the fundamental principles of civil liability. Negligence remains the most tested area, requiring a four-part analysis: duty, breach, causation (both cause-in-fact and proximate cause), and damages. Candidates must understand the Standard of Care, including the "reasonable person" standard and variations for professionals or children. The exam also covers Intentional Torts such as battery, assault, and false imprisonment, highlighting the "transferred intent" doctrine. A key area of focus is Products Liability, where candidates must distinguish between strict liability, negligence, and breach of warranty theories. Understanding the defenses to these claims, such as comparative negligence or assumption of risk, is vital for accurately resolving tort-based fact patterns on the exam.
Business Associations covers the legal structures through which commercial activities are conducted. This includes the formation and operation of partnerships, limited liability companies (LLCs), and corporations. A major focus is the Fiduciary Duties owed by directors and officers to the corporation and its shareholders: the Duty of Care and the Duty of Loyalty. Candidates must be able to apply the Business Judgment Rule, which creates a presumption that in making a business decision, the directors acted on an informed basis, in good faith, and in the honest belief that the action taken was in the best interests of the company. Additionally, the exam tests the "piercing the corporate veil" doctrine, where a court may disregard the corporate entity to hold shareholders personally liable for the corporation's debts if the corporate form has been abused.
Content Category 3: Family Law, Criminal Law, Constitutional Law, Contracts
Marriage, Divorce, and Child Custody Principles
While Family Law has been reduced in scope, it remains a component of the integrated curriculum, often appearing in the context of property division or jurisdictional disputes. The exam focuses on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines which state has the power to make initial custody determinations. Candidates must also understand the "best interests of the child" standard used in custody and visitation cases. In the context of divorce, the principles of equitable distribution vs. community property are relevant, particularly regarding the characterization of separate vs. marital assets. The exam may also test the enforceability of premarital agreements under the Uniform Premarital Agreement Act (UPAA), focusing on requirements like voluntariness and full financial disclosure.
Criminal Procedure and Constitutional Defenses
Criminal Law on the NextGen Bar involves both substantive crimes and the constitutional protections afforded to defendants. Substantive topics include the elements of homicide, theft crimes, and inchoate offenses like conspiracy and attempt. However, a significant portion of the assessment is dedicated to Criminal Procedure, specifically the Fourth, Fifth, and Sixth Amendments. Candidates must master the Exclusionary Rule, which prevents the government from using evidence gathered in violation of the Constitution. Key concepts include the "search incident to a lawful arrest" exception, the Miranda warnings required for custodial interrogations, and the right to counsel at all "critical stages" of a criminal prosecution. Understanding the "fruit of the poisonous tree" doctrine is essential for determining the admissibility of derivative evidence.
Contracts are tested under both the Common Law and Article 2 of the Uniform Commercial Code (UCC), which applies to the sale of goods. Candidates must first determine which law applies to a given transaction using the predominant purpose test. Formation requires a valid offer, acceptance, and consideration (the "bargained-for exchange"). The exam heavily tests the Statute of Frauds, identifying which contracts must be in writing to be enforceable. When a breach occurs, the focus shifts to remedies, specifically Expectation Damages, which aim to put the non-breaching party in the position they would have been in had the contract been performed. Candidates must also be familiar with the Parol Evidence Rule, which limits the use of extrinsic evidence to contradict or supplement a fully integrated written agreement.
How Subjects Are Integrated on the Exam
The NextGen Bar Exam utilizes Performance Tasks to simulate the actual practice of law. These tasks require candidates to use a "File" (fact documents like deposition transcripts or client letters) and a "Library" (legal authorities like cases or statutes) to complete a specific assignment. Unlike the previous MPT, these tasks are designed to be shorter and more targeted, often requiring the integration of multiple subjects. For example, a task might ask a candidate to evaluate a breach of contract claim while also considering the procedural hurdles of filing that claim in federal court. This multidisciplinary approach tests the candidate's ability to "think like a lawyer" by recognizing how different areas of law interact in a single factual scenario. Scoring is based on the ability to extract relevant facts and apply the provided law accurately and persuasively.
Stand-Alone MCQ vs. Integrated Question Sets
While the exam still includes Multiple Choice Questions (MCQs), the format has evolved. Stand-alone MCQs generally target a specific legal rule within one of the content categories. However, the NextGen Bar introduces Integrated Question Sets, where a series of MCQs and short-answer questions are based on a single factual narrative. This narrative might span several days of a hypothetical client's life, evolving as new facts come to light. This format requires candidates to maintain a consistent understanding of the "big picture" while answering specific questions about Evidence, Torts, or Civil Procedure. This mirrors the reality of legal practice, where a single case rarely involves just one area of law. Success on these sets requires a high degree of mental flexibility and the ability to pivot between different legal frameworks quickly.
Building a Study Plan Around the Subjects List
Allocating Time Based on Subject Weight
Given the breadth of the NextGen Bar tested subjects list, strategic time allocation is paramount. Candidates should prioritize subjects that appear most frequently across all sections of the exam. Civil Procedure, Evidence, and Contracts are "foundational" because they are often the basis for both MCQs and performance tasks. A data-driven study plan should dedicate a larger percentage of time to these "heavy hitters" while ensuring sufficient coverage of the smaller categories like Business Associations or Family Law. It is also essential to allocate time for skill-building exercises, such as practicing legal drafting and research simulations. Since the exam is as much about process as it is about content, neglecting the FPS component can lead to a lower score even if the candidate has mastered the substantive law.
Using the Subject List to Create Outlines
Effective preparation involves transforming the official subject list into active study tools. Candidates should create "attack outlines" that focus on the elements of rules and the exceptions that are most likely to be tested. For instance, an outline for Evidence should be structured around the flow of a trial: starting with relevance, moving to witness competency, and concluding with hearsay and privileges. For the skills portion, candidates should develop templates for common legal documents—memos, letters, and motions—to ensure they can produce a professional product quickly under timed conditions. By aligning study materials with the specific categories and skills identified in the NextGen curriculum, examinees can ensure their preparation is both comprehensive and targeted toward the specific demands of the new bar exam format.